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MILLER v. ST. JOSEPH COUNTY AREA BD. OF ZONING APPEALS

No. 71A04-0309-CV-450.

809 N.E.2d 356 (2004)

Robert L. MILLER, Sr., Appellant-Plaintiff, v. ST. JOSEPH COUNTY AREA BOARD OF ZONING APPEALS, Michael Garatoni and Growing Kids, LLC, Appellees-Defendants.

Court of Appeals of Indiana.

May 24, 2004.

Attorney(s) appearing for the Case

R. William Jonas, Jr., Hammerschmidt, Amaral & Jonas, South Bend, IN, Attorney for Appellant.

Larry L. Ambler, South Bend, IN, Attorney for Appellee St. Joseph County Board of Zoning Appeals.

Charles M. Loeser, South Bend, IN, Attorney for Appellees Michael A. Garatoni and Growing Kids, LLC.

OPINION

SULLIVAN, Judge.

While the adage "good fences make good neighbors" is routinely heard in disputes between adjoining property owners, the phrase "good trees make good neighbors" better describes the facts in this case. Robert L. Miller, Sr. ("Miller") appeals from the trial court's dismissal of his petition to review the decision of the St. Joseph County Area Board of Zoning Appeals ("the Board") which granted a variance to Michael Garatoni ("Garatoni...

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